117 S89 RS: Ensuring Survivor Benefits During COVID–19 Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Calendar No. 83117th CONGRESS1st Session

S. 89

IN THE SENATE OF THE UNITED STATES

January 28, 2021

Ms. Sinema (for herself, Mr. Tillis, Mrs. Shaheen, Mr. Boozman, Mr. Blumenthal, Ms. Warren, Mr. Coons, Mr. Manchin, Mr. Reed, Ms. Collins, Mr. Markey, Mr. Wicker, Mr. Whitehouse, Mr. Kelly, Mr. Peters, Ms. Baldwin, Ms. Hassan, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

June 24, 2021

Reported by Mr. Tester, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID–19 to determine whether their service-connected disabilities were the principal or contributory causes of death, and for other purposes.

Short title

This Act may be cited as the

Ensuring Survivor Benefits During COVID–19 Act of 2021

Medical opinions for certain veterans with service-connected disabilities who die of COVID–19

In any case in which a veteran with one or more service-connected disabilities dies, the death certificate identifies Coronavirus Disease 2019 (COVID–19) as the principal or contributory cause of death, the death certificate does not clearly identify any of the service-connected disabilities as the principal or contributory cause of death, and a claim for benefits is filed with respect to the veteran under chapter 13 of title 38, Unites States Code, the Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death.

Short title

This Act may be cited as the

Ensuring Survivor Benefits during COVID–19 Act of 2021

Medical opinions for certain veterans with service-connected disabilities who die of COVID–19

(a)

In general

The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met:

(1)

A claim for compensation is filed under chapter 13 of title 38, Unites States Code, with respect to a veteran with one or more service-connected disabilities who dies.

(2)

The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID–19) as the principal or contributory cause of death.

(3)

The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death.

(4)

A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID–19 as determined by the Centers for Disease Control and Prevention.

(5)

The claimant is not entitled to benefits under section 1318 of such title.

(6)

The evidence to support the claim does not result in a preliminary finding in favor of the claimant.

(b)

Outreach

The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID–19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.

June 24, 2021

Reported with an amendment